Missouri Attorney General: University’s Ban On Concealed Firearms Unconstitutional

Last year, an Associate Professor of the law school at University of Missouri filed a lawsuit against the school system after discovering a potentially unconstitutional prohibition of firearms on the campus. Royce de R. Barondes potentially risked his job and his career to make a point about the unconstitutional policies enacted on University of Missouri campuses in the name of “safety”.

Well, according to the Attorney General’s Office, he’s not alone.

On Tuesday, the Attorney General filed a lawsuit against the University of Missouri over its unconstitutional practice of prohibiting firearms on campus.

The counsel of the Attorney General, Andrew Hirth, points out two areas where the university violates the constitution.

• There’s no allowance to store firearms in a secure locker or within their vehicle.
• Missouri residents aren’t allowed to transfer firearms in a safe and non-threatening manner.
• The failure to consider the rights and liberties of legally permitted concealed carriers.

According to Section 23 of Article I of the Missouri Constitution, the university has no right to infringe upon the civil liberties of its students or faculty.

Section 23. That the right of every citizen to keep and bear arms, ammunition, and accessories typical to the normal function of such arms, in defense of his home, person, family and property, or when lawfully summoned in aid of the civil power, shall not be questioned. The rights guaranteed by this section shall be unalienable. Any restriction on these rights shall be subject to strict scrutiny and the state of Missouri shall be obligated to uphold these rights and shall under no circumstances decline to protect against their infringement. Nothing in this section shall be construed to prevent the general assembly from enacting general laws which limit the rights of convicted violent felons or those duly adjudged mentally infirm by a court of competent jurisdiction.

Recently, Missouri residents had the option of inserting in additional language which would have watered down Section 23 to the point where university policy may not have been in such clear violation of the law. That revision was called Amendment 5 and it was voted on in August of 2014.

Okay, okay, maybe there’s a case…

Amendment 5 was shot down by voters in August of 2014. It would have altered the Missouri Constitution to potentially infringe on Missouri residents’ right to carry. Instead, it reads as you see it above.

Any restriction to the liberties of Missouri residents, when it comes to firearms, must be met with severe and strict scrutiny.

Thankfully, the Attorney General’s office appears to be willing and able to apply pressure to make campuses across the University of Missouri system actually safer.